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(영문) 대구지방법원 2020.09.09 2020고단1948

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2018, the Defendant was sentenced to six months in Daegu District Court to commit fraud and to the crime of interference with business, and the execution of the sentence was terminated at the Daegu Detention House on November 28, 2018.

【Criminal Facts】

At around 02:30 on December 30, 2019, the Defendant, while drinking alcoholic beverages at “C”, a main store located in Daegu Dong-gu, Daegu-gu B, took a bath for the traffic of the victim D (Taking 19 years of age) who was seated in the next table, and was able to do so by force, using the victim’s buckbucks on the side of the Defendant and the Defendant’s side and the part of the victim’s bucks where the Defendant was realizing.

Summary of Evidence

1. Previous records as stated in each investigation report on the criminal defendant's legal statement D and each police statement about E, 112 report processing records: The application of criminal records, inquiry reports, written judgments, and personal confinement records;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an indecent act by force of the victim, and the criminal liability is grave, multiple criminal records exist, and the crime of this case is committed during the period of repeated crime after the completion of the execution of imprisonment with prison labor for other crimes. Considering the confession of the defendant, the defendant has no criminal record of the same kind of crime, and the fact that he/she is a basic livelihood recipient, etc., the defendant shall be considered as the grounds for sentencing favorable to the defendant’s age, circumstances leading to the crime, specific form and degree of indecent act, and circumstances after the crime, etc., the sentence of this case is ordered as ordered.

Where a conviction becomes final and conclusive on the facts constituting an offense on which the personal information shall be registered and submitted, the accused shall be personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment,